Text of the Vulnerable Veterans Housing Reform Act of 2012

This bill was introduced in a previous session of Congress and was passed by the House on September 19, 2012 but was never passed by the Senate. The text of the bill below is as of Sep 20, 2012 (Referred to Senate Committee).

Received; read twice and referred to the
Committee on Banking, Housing, and Urban
Affairs

AN ACT

To exclude from consideration as income
under the United States Housing Act of 1937 payments of pension made under
section
1521 of title 38, United States Code, to veterans who are in
need of regular aid and attendance, and for other purposes.

1.

Short title

This Act may be cited as the
Vulnerable Veterans Housing Reform Act
of 2012.

2.

Exclusion from
income

Paragraph (4) of
section 3(b) of the United States Housing Act of 1937 (42 U.S.C. 1437a(b)(4)) is
amended—

(1)

by striking
and any amounts and inserting , any
amounts;

(2)

by striking
or any deferred and inserting , any deferred;
and

(3)

by inserting after
prospective monthly amounts the following: , and any
expenses related to aid and attendance as detailed under
section
1521 of title 38, United States Code.

3.

Utility allowances and
data

Section 8(o) of the
United States Housing Act of 1937 (42 U.S.C.
1437f(o)) is amended—

(1)

in paragraph (2),
by adding at the end the following new subparagraph:

(D)

Utility
allowance

(i)

In
general

In determining the
monthly assistance payment for a family under subparagraphs (A) and (B), the
amount allowed for tenant-paid utilities shall not exceed the appropriate
utility allowance for the family unit size as determined by the public housing
agency regardless of the size of the dwelling unit leased by the family.

(ii)

Exception for
certain families

Notwithstanding subparagraph (A), upon request
by a family that includes a person with disabilities, an elderly family, or a
family that includes any person who is less than 18 years of age, the public
housing agency shall approve a utility allowance that is higher than the
applicable amount on the utility allowance schedule, except that in the case of
a family that includes a person with disabilities, the agency shall approve
such higher amount only if a higher utility allowance is needed as a reasonable
accommodation to make the program accessible to and usable by the family member
with a disability.

(iii)

Authority to
increase allowance

Notwithstanding subparagraph (A), in the
case of any family not described in clause (ii), a public housing agency may,
at the request of the family, approve a utility allowance that is higher than
the applicable amount on the utility allowance schedule. In making such a
determination, the agency shall consider (I) the amount of the increase in
utility costs for the family, and (II) the difficulty for the family in
relocating.

;
and

(2)

by adding at the
end the following new paragraph:

(21)

Utility
data

(A)

Publication

The Secretary shall, to the extent that
data can be collected cost effectively, regularly publish such data regarding
utility consumption and costs in local areas as the Secretary determines will
be useful for the establishment of allowances for tenant-paid utilities for
families assisted under this subsection.

(B)

Use of
data

The Secretary shall provide such data in a manner
that—

(i)

avoids unnecessary
administrative burdens for public housing agencies and owners; and

(ii)

protects families
in various unit sizes and building types, and using various utilities, from
high rent and utility cost burdens relative to
income.

.

4.

Pilot program for
grants for rehabilitation and modification of homes of disabled and low-income
veterans

(a)

Grant

(1)

In
general

The Secretary shall
establish a pilot program to award grants to qualified organizations to
rehabilitate and modify the primary residence of eligible veterans.

(2)

Coordination

The
Secretary shall work in conjunction with the Secretary of Veterans Affairs to
establish and oversee the pilot program and to ensure that such program meets
the needs of eligible veterans.

(3)

Maximum
grant

A grant award under the pilot program to any one qualified
organization shall not exceed $1,000,000 in any one fiscal year, and such an
award shall remain available until expended by such organization.

(b)

Application

(1)

In
general

Each qualified
organization that desires a grant under the pilot program shall submit an
application to the Secretary at such time, in such manner, and, in addition to
the information required under paragraph (2), accompanied by such information
as the Secretary may reasonably require.

(2)

Contents

Each application submitted under paragraph
(1) shall include—

(A)

a plan of action
detailing outreach initiatives;

(B)

the approximate
number of veterans the qualified organization intends to serve using grant
funds;

(C)

a description of
the type of work that will be conducted, such as interior home modifications,
energy efficiency improvements, and other similar categories of work;
and

(D)

a plan for working
with the Department of Veterans Affairs and veterans service organizations to
identify veterans and serve their needs.

(3)

Preferences

In awarding grants under the pilot program,
the Secretary shall give preference to a qualified organization—

(A)

with experience in
providing housing rehabilitation and modification services for disabled
veterans; or

(B)

that proposes to provide housing
rehabilitation and modification services for eligible veterans who live in
rural areas (the Secretary, through regulations, shall define the term
rural areas).

(c)

Criteria

In order to receive a grant award under the
pilot program, a qualified organization shall meet the following
criteria:

(1)

Demonstrate
expertise in providing housing rehabilitation and modification services for
disabled or low-income individuals for the purpose of making the homes of such
individuals accessible, functional, and safe for such individuals.

(2)

Have established outreach initiatives
that—

(A)

would engage
eligible veterans and veterans service organizations in projects utilizing
grant funds under the pilot program; and

(B)

identify eligible
veterans and their families and enlist veterans involved in skilled trades,
such as carpentry, roofing, plumbing, or HVAC work.

(3)

Have an established nationwide or
State-wide network of affiliates that are—

(A)

nonprofit
organizations; and

(B)

able to provide
housing rehabilitation and modification services for eligible veterans.

(4)

Have experience in
successfully carrying out the accountability and reporting requirements
involved in the proper administration of grant funds, including funds provided
by private entities or Federal, State, or local government entities.

(d)

Use of
funds

A grant award under the
pilot program shall be used—

(1)

to modify and
rehabilitate the primary residence of an eligible veteran, and may
include—

accommodate the
functional limitations that result from having a disability; or

(ii)

if such residence does not have
modifications necessary to reduce the chances that an elderly, but not disabled
person, will fall in their home, reduce the risks of such an elderly person
from falling;

(B)

rehabilitating
such residence that is in a state of interior or exterior disrepair; and

(C)

installing energy efficient features or
equipment if—

(i)

an
eligible veteran’s monthly utility costs for such residence is more than 5
percent of such veteran’s monthly income; and

(ii)

an
energy audit of such residence indicates that the installation of energy
efficient features or equipment will reduce such costs by 10 percent or
more;

(2)

in connection with modification and
rehabilitation services provided under the pilot program, to provide technical,
administrative, and training support to an affiliate of a qualified
organization receiving a grant under such pilot program; and

(3)

for other purposes
as the Secretary may prescribe through regulations.

(e)

Oversight

The
Secretary shall direct the oversight of the grant funds for the pilot program
so that such funds are used efficiently until expended to fulfill the purpose
of addressing the adaptive housing needs of eligible veterans.

(f)

Matching
funds

(1)

In
general

A qualified
organization receiving a grant under the pilot program shall contribute towards
the housing modification and rehabilitation services provided to eligible
veterans an amount equal to not less than 50 percent of the grant award
received by such organization.

(2)

In-kind
contributions

In order to
meet the requirement under paragraph (1), such organization may arrange for
in-kind contributions.

(g)

Limitation cost
to the veterans

A qualified
organization receiving a grant under the pilot program shall modify or
rehabilitate the primary residence of an eligible veteran at no cost to such
veteran (including application fees) or at a cost such that such veteran pays
no more than 30 percent of his or her income in housing costs during any month.

(h)

Reports

(1)

Annual
report

The Secretary shall
submit to Congress, on an annual basis, a report that provides, with respect to
the year for which such report is written—

(A)

the number of
eligible veterans provided assistance under the pilot program;

(B)

the socioeconomic
characteristics of such veterans, including their gender, age, race, and
ethnicity;

(C)

the total number,
types, and locations of entities contracted under such program to administer
the grant funding;

(D)

the amount of
matching funds and in-kind contributions raised with each grant;

(E)

a description of
the housing rehabilitation and modification services provided, costs saved, and
actions taken under such program;

(F)

a description of
the outreach initiatives implemented by the Secretary to educate the general
public and eligible entities about such program;

(G)

a description of
the outreach initiatives instituted by grant recipients to engage eligible
veterans and veteran service organizations in projects utilizing grant funds
under such program;

(H)

a description of
the outreach initiatives instituted by grant recipients to identify eligible
veterans and their families; and

(I)

any other
information that the Secretary considers relevant in assessing such
program.

(2)

Final
report

Not later than 6 months after the completion of the pilot
program, the Secretary shall submit to Congress a report that provides such
information that the Secretary considers relevant in assessing the pilot
program.

(i)

Definitions

In
this section, the following definitions shall apply:

(1)

Disabled

The
term disabled means an individual with a disability, as defined
by section
12102 of title 42, United States Code.

(2)

Eligible
veteran

The term
eligible veteran means a disabled or low-income veteran.

(3)

Energy efficient
features or equipment

The term energy efficient features
or equipment means features of, or equipment in, a primary residence
that help reduce the amount of electricity used to heat, cool, or ventilate
such residence, including insulation, weatherstripping, air sealing, heating
system repairs, duct sealing, or other measures.

(4)

Low-income
veteran

The term
low-income veteran means a veteran whose income does not exceed
80 percent of the median income for an area, as determined by the
Secretary.

(5)

Nonprofit
organization

The term
nonprofit organization means an organization that is—

(A)

described in
section 501(c)(3) or 501(c)(19) of the Internal Revenue Code of 1986;
and

(B)

exempt from tax
under section 501(a) of such Code.

(6)

Primary
residence

(A)

In
general

The term
primary residence means a single family house, a duplex, or a
unit within a multiple-dwelling structure that is an eligible veteran’s
principal dwelling and is owned by such veteran or a family member of such
veteran.

(B)

Family member
defined

For purposes of this paragraph, the term family
member includes—

(i)

a
spouse, child, grandchild, parent, or sibling;

(ii)

a
spouse of such a child, grandchild, parent, or sibling; or

(iii)

any individual
related by blood or affinity whose close association with a veteran is the
equivalent of a family relationship.

(7)

Qualified
organization

The term
qualified organization means a nonprofit organization that
provides nationwide or State-wide programs that primarily serve veterans or
low-income individuals.

(8)

Secretary

The term Secretary means the
Secretary of Housing and Urban Development.

(9)

Veteran

The term veteran has the
same meaning as given such term in
section
101 of title 38, United States Code.

(10)

Veterans
service organization

The term veterans service
organization means any organization recognized by the Secretary of
Veterans Affairs for the representation of veterans under
section
5902 of title 38, United States Code.

(j)

Authorization of
appropriations

There are
authorized to be appropriated for carrying out this section $4,000,000 for each
of fiscal years 2013 through 2017.